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Chapter Law Content

Title: Irrigation Act CH
Category: Ministry of Agriculture(農業部)
Chapter 3: Irrigation and Drainage Management
Article 12
Farmland water conservancy facilities shall not be concurrently used for other purposes. However, in cases where there is no obstruction to the original functions or maintenance of the facilities, an applicant may, with an attached plan, apply to the Competent Authority for authorization to concurrently use such facilities for other purposes.
Regulations governing concurrent other uses as mentioned in the preceding Paragraph, their application procedures, the required contents of plans, documents that shall be attached, conditions for authorization, withdrawal of authorization, and other relevant matters shall be stipulated by the Competent Authority.
Article 13
Within farmland water conservancy facilities areas, no one shall, without the authorization of the Competent Authority, construct irrigation channels (ditches), box culverts, drainage pipelines, or other structures connected to farmland water conservancy facilities (hereafter these are known as “unauthorized structures”).
For public drainage systems facilities existing before the coming into effect of this Act, these can be used as before, and the previous Paragraph does not apply. However, in cases of improvement, restoration, or demolition of such facilities, there must still be an application for authorization as mentioned in the preceding Paragraph.
For unauthorized structures built in farmland water conservancy facilities areas before the coming into effect of this Act, the Competent Authority may prohibit their use, close them, or order the builder to demolish them. In cases where there are concerns such structures may pose a hazard to human health, to agricultural industries, or to biosafety, the Competent Authority may immediately demolish them or take other necessary measures.
Regulations governing applications as mentioned in Paragraph 1 of this Article, their application procedures, documents that shall be attached, conditions for authorization, withdrawal of authorization, and other relevant matters shall be stipulated by the Competent Authority.
Article 14
Within farmland water conservancy facilities areas, no one shall, without the authorization of the Competent Authority, release non-farmland drainage water; this is prohibited in principle for channels specially for the use of irrigation.
For cases of requesting the release of non-farmland drainage water as mentioned in the preceding Paragraph, an application, with an attached plan, should be made to the Competent Authority for authorization. The water quality of the drainage water should conform to publicly announced irrigation water quality standards.
Regulations governing the water quality standards as mentioned in the preceding Paragraph, application procedures, the required contents of plans, documents that shall be attached, conditions for authorization, withdrawal of authorization, and other relevant matters shall be stipulated by the Competent Authority acting in coordination with the central Competent Authority for environmental protection.
Article 15
Guidelines governing testing methods used by the Competent Authority for irrigation water quality as mentioned in Paragraph 2 of the preceding Article, quality control, and other relevant measures shall be stipulated by the Competent Authority acting in coordination with the central Competent Authority for environmental protection.
Article 16
The following actions are prohibited in farmland water conservancy facilities areas:
1. Filling in or obstructing water channels.
2. Damaging ponds, water channels, or their associated structures.
3. Opening, closing, moving, or damaging sluice gates or their associated structures.
4. Discarding spent clay or waste.
5. Removing or piling up soil or stone.
6. Other actions that obstruct the safety or functions of farmland water conservancy facilities.
The unauthorized drawing off of irrigation water in farmland water conservancy facilities areas is prohibited. However, in cases where the drawing off of irrigation water occurs in designated irrigation systems as mentioned in Article 4, Paragraph 2 or where authorization has been applied for and received from the Competent Authority, this prohibition shall not apply.
Regulations governing the applications as mentioned in the proviso in the preceding Paragraph, their application procedures, documents that shall be attached, conditions for authorization, withdrawal of authorization, and other relevant matters shall be stipulated by the Competent Authority.
Article 17
The Competent Authority may, depending on local irrigation requirements, set up water conservancy committees in farmland water conservancy activities areas. Positions on a water conservancy committee, which will have one chairman, will be unpaid, and each committee shall assist in promoting management of irrigation water under its jurisdiction.
Regulations governing water conservancy committees as mentioned in the preceding Paragraph, their establishment, duties, membership, methods for producing a committee chairman, scope of their authority, and other relevant matters shall be stipulated by the Competent Authority.